Anirudhar Krishan Luthra v. State

15. 5.2.005 excct-tted by latc 5jfr. Anir udha i' l(i^isha rt l.utftrel. in i:his casc, not"ice was issued tti Chielf (.r:ritroliing Ilr:vc:true Authority for subrrrrssicln of valual-ioi'r rcuort. qua the csiate tii ilrc Ccceased, pubiicai:ion was also dire<:ted to bc: m;:cirj iir ll-re l'iincJirstan'l-ime:; daillr t'rewspaper. A copy of citaliclir ha:; beert piar:ec[1] oil recordl-e;irned counsel for the plain[r{f subrniis l.'hat valu;.iticn report h;:s since been received. Nonc of Lhc r'reai- relatic;n:; havt: {iletJ objecLions. Petitioncr has filr:d thc afficJavit-s by r,,titlr r;i::vir-icrtce of 14;. /tinit L.ril..l;r;: and Dr. \/andana Setiri, one ol'ttrr: at'r-'.'sl"inq ttiiiri:';s;cs. Learned cotinsel for the petit'ionc:rs has 1;li'tcc:d t-,-r;icd ur)on the affrcJavit by way of cvidence of Dr. Vandarra Seliri, on[9] tf;.h<-';:ttc-:sting '"vitnessr::;, who !ras deposcd tirai r:n l-11.li..t00tj Lhc: tcslal-o;', late Sl'r. rvir. /t.K. sirrgh, Adr,. ro,. rvi. [],tgno"nt Kashy:rp, Acivs. {or the respondent State. q 0.[6] t. ?_. s

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9. 2011:DHC:18414 I \2-' Anirudhar Krishan Luthra, informed her telephonically, that he wanted to execute his will on the next day i.e. on 15.5.2006 and, thus, the 'testator requested her to visit his residence i.e. 3/IS, Shanti Niketan, New Delhi, on 15.5.2006 at aror-rnd 11.30 a.m. where he wanteci to execute his Will. Dr. Vandana Sethi further deposed that on 15.5.2006 she reached the above said address at around 11.00 a.m., when the testator, late Sh. Anirudhar Krishan Luthra, requested her to attest his.[1] signatures on the Will and thereafter she signed on the fourth page of the Will as the first attesting witness and also wrot.e her name, dg€, registration number with Medical Association and residential adiress in her own handwriting. Dr. Vandana Sethi also deposed that the testator requested the other witness to attest his signatures as the second attesting witness, who accordingly signed on thc fifflr page of the Wilt as the second attesting witness. Dr. Vandana Sethi next deposed that the testator has signecl the Will dated 15.5.2006 in lrer pr€sence as well as in the presence of tlre other attesting wiLness at his residence. It is also deposed by Dr. Vandana Sethi that she was present and had also seen the said testator signing and affixing his signatures in her presence in the said Will. The original Will has been exhibited as Exhibit PW-2/I.

5. Affidavit by way of evidence of, Mr. Amit L-crthra, one of the petitioners, has also been filed, wherein he has deposed that tl're testator died on f TE,T.CAS. J.7/20L0 2/s r_ \} 17.3.2009 at 11.40 p.m. and at the time of his demise the testator had a fixed place of abode at 3/15, Shanti Niketan, New Delhi. A copy of the death certificate of the testator has been filed along with the affidavit, which is exhibited as Exhibit PW-1/1. Mr. Amit l-uthra further deposed that the testator has left behind in addition to the deponent, petitioners no.1, 2 and 5 as his surviving legal heirs. Mr.Amit Luthra also deposed that the testator, late Sh. Anirudhar Krishan Luthra, had F exEcuted the Will dated 1.5.5.2006 out of his own free will and at the time of execution of the said Will the testator was in sound disposing mind. I have hearcj counsel for the petitioner and also perused the affidavits filed by both the attesting witnesses, who have deposed that the Testator sigrred the Will dated 15.5.2005 in their presence and they also signed as witnesses in the presence of the l'esLator. In yiew of the aforestated testimony it stands proved that late Shri Anirudhar l(rishan Luthra had executed the \l/ill dated 1.5.5.2006, which was his last Will. l'he valuation report is taken on record. Accordingly, Probate in terms of the said Will is hereby granted in favour of the petitioner. On petitioner filing t-he necessary Court fee probate be granted to the pctitioner. Petition stands disposed of in view of above. -c.Jth* G.S.S!ST/XN!,J

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7. B. OCTOBER L[2], ?O'ilLL msr